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No, if it has been seven years since you were last a student (this legislation came into effect in July, 2008). But your student loan cannot be discharged if it has been less than seven years—there is no wriggle room on this one in bankruptcy.
One of the major debt loads that Canadians in their 20’s carry is a student loan. The burden has gotten much heavier over the past decade, as tuition fees have risen to compensate for shrinking education funds to universities and colleges and the cost of housing rentals and text books has increased beyond the wages students can expect to earn at part-time and summer jobs.
Gone are the days when student loans carried no interest or low interest. The interest rates on student loans is now often higher than the same student might find with a more conventional bank loan, although someone in their teens or early twenties without full-time employment and very little credit history isn’t eligible for a bank loan large enough to finance going through post-secondary schooling, hence the need for the government student loan program.
Unfortunately, once students graduate and their loans become due, many are shocked by the high monthly payments required, especially as the entry level positions in their chosen profession may not pay enough to meet minimum living expenses and their student loan payment. They may start missing payments and go into default, or they may start using credit cards for cash advances and living expenses. They may find:
- That the bank or collection agencies are constantly calling and sending payment requests.
- They have to move back into their parents’ house. Even if this is an option, their parents’ location can make it difficult to find work in their profession.
- They are being denied car loans, a mortgage, loans or other forms of credit, especially the lower interest varieties, because of their student loan history.
- Any tax refund owed is diverted to the defaulted student loan.
That they feel depressed about the future, because of the crushing burden of debt that they face today.

IN THIS SECTION
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- Why did my trustee tell me to file all outstanding tax returns?
- I’m declaring bankruptcy because of taxes. Is this allowed?
- Will I still owe my student loan after bankruptcy?
- I can’t afford to pay back my student loan and it’s been less than seven years since I left school-what are my options?
- How long does bankruptcy last?
- Can I keep my car during bankruptcy?
- Can I keep my RRSP during bankruptcy?
- Can I keep my home if I declare bankruptcy?
- Will I still be able to rent an apartment or home if I declare bankruptcy?
- Can I keep a credit card during bankruptcy?
- Is it okay to use a credit card if I am thinking about bankruptcy?
- Can I get a checking account after bankruptcy?
- I co-signed on a loan for someone who declared bankruptcy. What happens now?
- If I’m married and I file for bankruptcy, does it affect my spouse’s credit?
- If my spouse declares bankruptcy and I am listed on their credit cards, am I responsible for the debt?
- I am divorced and my ex has declared bankruptcy. Do I still owe for debts and credit cards that I co-signed with my spouse?
- If I file for bankruptcy, will it be noted on my spouse’s credit file?
- Will filing for bankruptcy affect my job situation?
- Who will find out about my bankruptcy?
- Can I get utility services (telephone, cable, hydro, gas, etc.) after bankruptcy?
- Can I keep any money if I declare bankruptcy?
- What is surplus income?
- Can I go to jail for not paying my debts?
- The collection agency is threatening to take me to court: can they do that?
- What happens if a collection agency takes me to court?
- I am behind on my debt payments; can a collection agency take my furniture, electronics, clothes, etc.?
- I am being harassed by a collection agency: what can I do?
- Can I stop a wage garnishment?
- How do I find out if someone is bankrupt?
- What is Chapter 7 bankruptcy?
- What is Chapter 13 bankruptcy?
- What happens if I live in both Canada and the U.S. and declare bankruptcy?
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